Liberty Mutual Insurance Company v. United Towing Co., Barge 20, Ruth A. Prichard, Gary Prichard, a Minor, by His Guardian Ad Litem Ruth A. Prichard

Appellant is the workmen’s compensation insurer for the employer of appellee Ruth A. Prichard’s late husband, who was killed by a barge explosion in the course of his employment. Pursuant to the terms 'of the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C. § 901 et seq. (1964), appellant has paid compensation benefits to appellee Prichard. She brought this libel against United Towing Company as a third-party shipowner seeking recovery for wrongful death. The action was settled for a sum substantially in excess of the benefits so far paid by appellant. The settlement was approved by the District Court and the libel was dismissed by the libelant. Appellant had sought to intervene just prior to court approval of the settlement, asserting the right under the Act, 33 U. S.C. § 933, to recover back from the corpus of the judgment the amount of benefits paid. The libelant opposed the petition; intervention was denied and this appeal followed.

As we view its order the District Court has simply denied appellant access to this suit as a vehicle for the litigation of its right to recovery of benefits paid. In so doing it declined to rule upon the merits of the dispute between appellant…